KHILAN DASHRATH LODHI Vs. STATE OF M P

JUDGEMENT

(1.) THE judgment delivered in this appeal will dispose of criminal Reference No. 4 of 1985 made by the Third Additional Sessions Judge, Damoh for confirmation of death sentence awarded to the appellant in Sessions Trial No. 64 of 1984 decided on 3rd October, 1985 as well as the Criminal Appeal No. 1170 of 1985 (Khilan vs. State of M. P. ).

(2.) IN Criminal Appeal No. 1169 of 1985, the appellant Khilan has challenged his conviction under section 302 of the Indian Penal Code for which he has been awarded death sentence in Sessions Trial No. 64 of 1984 by the Third Additional Sessions Judge, damon. In Criminal Appeal No. 1170/85, the appellant Khilan has challenged his conviction under section 107 of the Indian Penal Code for attempt to murder Jagatsingh, for which he has been sentenced to undergo rigorous imprisonment for a period of 10 years.

(3.) THE incident in question in which appellant Khilan is said to have murdered his 3 minor daughters and his wife and attempted to murder Jagatsingh (P. W. 8) relates to the month of April, 1964 after harvesting period was over. The appellant's crop after harvesting was also stored by him in his Khaliyan. The harvested crop of Ramsingh (P. W. 3) and bhaguntsingh was also stored in the Khaliyan of the appellant. The appellant had hired the thrasher and starter of Komalsingh (P. W. 9) for thrashing of his crop. The starter had burnt and, therefore, the appellant's mother went to Komalsingh to ask for another starter. Komalsingh (P. W. 9) stated that he would give the starter in the night. The appellant, therefore, asked Komalsingh to take away his thrasher and motor next day, that is, on 154-1984 whereafter Jagatsingh (P. W. 8) installed the thrasher and motor in his Khaliyan. Bhaguntsingh and Ramsingh (P. W. 3) also took away their crop from the Khaliyan of the appellant to the Khaliyan of Jagatsingh. It was alleged that due to this incident, the appellant got annoyed. In the forenoon of 15-4-1984, he went to his house with an axe, where he killed his wife Mst. Jeerabai alias Badi Bahu and 3 minor daughters, namely, laxmibai aged about 3 years, Chainabai aged about 5 years and Leelabai aged about 7 years. Thereafter it was alleged that the appellant proceeded towards the Khaliyan of jagatsingh. The appellant met Jagatsingh (P. W. 8) on the way to his Khaliyan who was returning back after bath. The appellant attacked Jagatsingh with an axe and gave a blow on his neck. It is also alleged that when the appellant assaulted Jagatsingh, he said that he has killed his wife and children due to Jagatsingh and he would kill Jagatsingh also. But in the meanwhile the witnesses arrived and intervened. The appellant was caught hold by the witnesses and taken to the house of Sarpanch Koshaisingh, village Kotwar Babulal (P. W. 4)was called. It is said that in the presence of Kotwar Babulal (P. W. 4), the appellant made an extra-judicial confession that he had killed his wife and daughters because of Jagatsingh and somehow Jagatsingh escaped. Kotwar Babulal (P. W. 4) went to the police station Patharia 7 kilometers away from the village Kindraha where he lodged the report (Ex. P-1) at 4. 00 p. m. On 15-4-1984 itself. The injured Jagatsingh (P. W. 8) had also proceeded on a bullock cart to the police station. He had taken with him the axe with which he was assaulted and which was snatched from the appellant. At the same police-station Jagatsingh (P. W. 8)lodged the report (Ex. P-4) at about 4. 10 p. m. on 15-4-1984. The axe was also seized from jagatsingh by A. S. I. Shahjad Khan (P. W. 23) in the presence of Kotwar Babulal (P. W. 4)by seizure memo Ex. P-2.